5f 


4 


7 


■*9 


RULES 


OP  THE 


HOUSE    OF    REPRESENTATIVES 


ton  the 


SESSION 


01 


1865. 


BOUGHTON,  NI8BF.T,  BARNES  &  MOOBE,    Piinw. 

miLWiiiTiui,    Ok 

"iSST 


\ 


/ 


-> 


THE 

WILLIAM  R.  PERKINS 

LIBRARY 

OF 


DUKE  UNIVERSITY 


\V1 


^•w   + 


1  vC*  J 

"S    — %     -*- 


» 


Ordered  200  copies  for  the  House. 

DUTIES  OF  THE  SPEAKER. 

1st.  The  Speaker  shall,  ia  his  discretion,  suspend  irrele- 
vant debate  and  command  silence,  whenever  he  may  deem 
it  needful. 

2nd.  In  all  cases  of  election  by  the  House,  the  Speaker 
shall  vote.  In  other  cases,  he  shall  not  vote,  unless  the 
House  shall  be  equally  divided,  or  unless  his  vote,  if  given 
to  the  minority,  will  make  the  division  equal,  and  in  such 
case  of  equal  division,  the  question  shall  be  lost. 

Sid.  When  two  or  more  members  shall  rise  at  the  same 
time,  the  Speaker  shall  name  the  person  entitled  to  pro- 
ceed. 

4th.  All  Committees,  consisting  of  not  more  than  tbreo 
members,  shall  be  appointed  by  the  Speaker,  and  those 
•omposed  of  a  greater  number,  shall  also  be  appointed  by 
him,  unless  the  House  previously  determine  the  contrary. 

6th.  The  method  of  stating  a  question,  or  any  motion 
by  the  Speaker,  alter  the  same  has  been  read  by  the  Clerk, 
shall  be  as  follows:  "All  you  who  are  in  favor  of  the  mo- 
tion will  say  Aye — all  you  who  are  against  it,  say  No." 
And  when  a  decision  may  seem  doubtful  to  the  Speaker,  or 
a  division  is  demanded  by  any  member  of  the  House,  the 
Speaker  shall  call  upon  the  members  in  favor  of  the  mo- 
tion to  rise,  and  after  a  count  is  had  by  the  Clerk,  he  shall 
call  upon  the  members  to  reverse  their  positions  and  the 
Speaker  shall  announce  the  result. 


OK  DECORUM  AND  DEBATE.      , 

1st.  When  any  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  House,  he  shall  rise  from  his  seat 
and  respectfully  address  himself  to  Mr.  Speaker.  He  shall 
be  confined  to  the  matter  in  debato,  shall  not  speak  more 
than  twice  on  any  one  subject,  or  more  than  once  until 
every  member  choosing  to  speak  shall  have  spoken.  If  any 
member  in  speaking  or   otherwise  transgress  the  rules  of 


m 


the  House,  the  Speaker  shall  or  may  call  to  order;  in  which 
case  the  member  so  called  to  order  shall  immediately  sit 
down,  unless  permitted  to  explain  :  the  House  shall,  if  ap- 
pealed to,  decide  ;  and  if  the  decision  of  the  House  be  not 
submitted  to,  the  delinquent,  lor  the  first  ofl'ence,  shall  be 
reproved — for  the  second,  fined  in  a  sum  not  exceeding  ten 
dollars;  and  continuing  refractory,  may  be  expelled  from 
the  House. 

2nd.  The  members  of  the  House  shall  forbear  from  pri- 
vate conversation,  and  preserve  silence  until  a  speaking 
member  ohall  have  taken  his  seat,  nor  shall  the  language 
be  perverted  by  which  his  thoughts  are  communicated. 

3rd.  The  members  shall  avoid  naming  each  other  when 
they  may  have  occasion  to  take  notice  of  their  observations, 
but  may  designate  them  by  the  place  in  which  they  may 
be,  or  the  county  they  represent. 

4th.  No  member  shall  be  permitted  to  vote  on  any  claim 
ho  may  prefer  against  the  State. 

5th.  No  member  shall  pass  between  the  Chair  and  a 
member  while  he  is  speaking,  nor  shall  any,  at  the  time  of 
adjournment,  leave  his  seat  until  the  Speaker  retires. 

Gth.  In  all  elections,  except  for  Committees,  a  majority 
of  the  members  present  shall  be  necessary  to  a  choice. 

7th.  Any  member  may  call  for  a  division  of  the  question 
on  a  subject  in  which  the  sense  thereof  will  admit  of  it. 

8th.  The  previous  question,  viz:  "Shall  the  main  ques- 
tion be  now  put?"  shall  only  be  admitted  when  demanded 
by  a  majority  of  the  members  present,  and  on  the  previous 
question  there  shall  be  no  debate. 

9th.  The  motion  for  the  previous  question  shall  take  pre- 
cedence of  all  other  motions,  except  a  motion  to  postpone 
indifinitely  or  to  lay  on  the  table;  and  when  it  is  moved, 
the  first  question  shall  be  :  "Shall  the  motion  for  the  previ- 
ous question  be  sustained?"  If  decided  in  the  affirmative, 
the  House  shall  then  proceed  to  act  on  the  main  question. 
10th,  When  a  subject  is  before  the  House  for  considera- 
tion, no  motion  shall  be  received  but  to  adjosrn  ;  to  lie  on 
the  table;  to  postpone  indefinitely;  to  postpone  to  a  day 
certain;  to  commit,  or  to  amend;  which  several  motions 
shall  have  precedence  in  the  order  they  stand  here  arrang- 
ed. The  motion  for  adjournment  the  second  time  shall  be 
out  of  order,  until  the  question  before  the  House  is  first 
disposed  of. 

11th.  No  member  shall  smoke  in  the  House,  nor  shall  lis 
converse  with  any  one  over  the  bar  thereof. 

12th.  All  motions,  except  for  committment,  adjournment, 
or  the  previous  question,  shall  be  in  writing,  and  the  yeas  and 
nays  on  any  question  shall,  at  the  desire  of  one-fifth  of  ths 
members  present,  be  entered  on  the  journal. 


I3tb.  When  a  message  shall  be  sent  to  the  House  of 
Representatives,  it  shall  be  announced  a'c  the  door  of  the 
House  by  the  Door-Keeper,  and  be  respectfully  communi- 
cated to  the  Chair  by  the  person  by  whom  it  may  be  sent. 

14th.  It  shall  be  the  order  of  the  day  on  every  Wednes- 
day to  take  up  and  decide  on  reports  of  Committees  on 
Petitions,  and  that  all  petitions  be  numbered  as  they  are 
received,  taken  up  and  disposed  of  in  the  order  they  were 
received. 

16th.  Any  motion  containing  new  matter  shall  lie  at 
least  one  day  on  the  table;  nor  shall  any  bill,  ordinance, 
resolution  or  other  matter  in  any  shape,  be  brought  before 
the  House  a  second  time,  during  the  same  session,  after  a 
determination  has  been  had  thereof,  except  by  a  rote  of 
two-thirds  of  the  members  present. 

16th.  When  the  journal  of  the  preceding  day  shall  be 
read,  it  shall  be  in  the  power  of  any  member  to  move  for  a 
reconsideration  of  any  matter  therein  contained,  except, 
such  matter  has  been  reconsidered  ;  provided  such  member 
at  the  time  of  reading  such  matter,  shall  notify  the  House 
of  his  intention  to  move  such  reconsideration.  But  in  rases 
where  the  lile  of  an  individual  is  concerned,  there  may  be 
two  re-consideration*. 

17th.  After  a  motion  is  stated  by  the  Speaker,  or  read 
by  the  Clerk,  it.  shall  be  deemed  to  be  in  possession  of  the 
House,  but  may  b»  withdrawn  at  any  time  before  the  de- 
cision or  amendment,  on  consent  of  the  House. 

ISth.  Any  member  may  enter  a  protest  against  any  pro- 
ceeding of  the  Home  on  passing  any  Act. 

ON  BILLS. 

1st.  It  shall  be  in  order  to  introduce  bills,  or  other  mat- 
ter upon  the  call  of  the  counties,  without  any  previous  no- 
tice having  been  given  for  that  purpose  ;  and  the  giving  of 
notice  for  the  appointment  of  Committees  to  prepare  and 
report  bills  sljall  be  dispensed  with. 

2d.  There  shall  he  po  debate  admitted  upon  any  bill  at 
the  6rst  reading,  and  on  the  second  reading  thereof,  the 
question  shall  be,  "Shall  this  bill  be  admitted  or  engrossed 
for  a  third  reading?"  In  case  of  engrossment,  the  entry 
thereof  shall  be  made  by  the  Clerk,  and  the  bill  shall  not 
be  amendable  thereafter.  In  case  of  commitment,  it  shall 
be  to  a  Committee  of  the  whole  House,  unless  the  House 
shall  otherwise  direct.  In  no  ease  shall  a  bill  be  committed 
until  after  a  second  reading,  but  the  same  may  be  with- 
drawn at  any  stage  thereof,  by  consent  of  the  House. 

3rd.  No  bill  shall  be  transmitted  to  the  Senate  on  the  day 
of  the  passage  thereof,  unless  two-thirds  ol  the  members 
present  shall  so  order. 


ti 

4th.  The  Hoime  shall  entertain  no  Bill  or  Amendment 
to  a  Bill  proposing  to  grant  corporate  powers  and  privi- 
leges to  private  companies,  except  to  Banking,  Insurance, 
Railroad,  Canal.  Plank  Road.  Navigation,  Mining,  Express, 
Lumber  and  Telegraph  Companies,  nor  to  make  or  change 
election  precincts,  nor  to  establish  bridges  and  ferries,  nor 
to  change  names  of  legitimate  children. 

5th.  No  Bill  shall  be  entertained  by  the  House  which 
contains  more  than  one  subject  matter,  or  contains  matter 
different  from  what  is  expressed  in  the  title  thereof. 

MISCELLANEOUS   RULES    OF  THE  HOUSE. 

1st.  On  all  questions,  whether  in  Committee  or  in  the 
House,  the  last  amendment,  the  most  distant  day,  and  the 
largest  sum  shall  be  put  first. 

2d.  All  proceedings  touching  the  appropriation  of  money 
shall  be  first  considered  in  Committee  of  the  Whole  House. 

3d.  When  a  message  from  the  Senate  or  from  the  Execu- 
tive is  announced  at  the  door  of  the  House,  by  the  Door- 
Keeper  or  Messenger,  all  business  shall  be  suspended  until 
the  same  is  respectfully  communicated  to  the  Chair  by  the 
person  bringing  it. 

4th.  A  simple  majority  may  call  up  a  paper  ordered  to 
lie  on  the  table  for  consideration. 

5th.  Applause  or  hisses  in  the  Representative  Chamber, 
or  in  the  galleries  or  lobby,  during  any  speech  or  legisla- 
tive proceedings,  shall  be  promptly  suppressed. 

6th.  During  the  reading  of  the  yeas  and  nays  on  any 
question,  no  debates  shall  be  had. 

7th.  Any  member  presenting  a  petition,  memorial  or  re- 
monstrance, shall,  as  conscisely  as  practicable,  intimate  the 
name  and  object  of  the  petitioner,  memorialist  or  remon- 
strant, which  shall  be  noticed  on  the  Journal  and  the  pa- 
per may  then  be  referred  without  reading.        1 

8th.  In  case  of  division  upon  any  question,  those  in  the 
affirmative  shall  first  rise  and  be  counted,  and  thep  those  in 
the  negative. 

9th.  The  Speaker  may,  during  a  day's  sitting,  name  any 
member  to  perform  the  duties  of  \he  Chair  during  any  part 
of  that  sitting,  but  no  longer. 

10th.  No  member  shall  vote  on  any  question  in  the  event 
of  which  he  is  immediately  and  particularly  interested,  or 
in  any  case  where  he  was  not  present  when  the  question 
was  put,  unless  by  permission  of  the  House. 

llth.  Upon  the  call  of  the  members,  ordinary  or  extra- 
ordinary, the  names  of  the  absentees  shall  be  noted,  to  be 
dealt  with   as  the  House  may  direct ;  aid  the   absence  of 


3  e  obtained  shall  be  particularly 

Igth.  T'.ie  seye'nJ!  landing  eonftnitteesdf  rhe  House  shall 
have  lpa^to  report  "by  Sill  or  otherwise* 

13th\  TfcH:jgrk  tf  <h«  House  shall  take  an  oath  for  the 

true  MJdffaiUififniisQn'ar^G  of  the  duties  of  his  office,  to  the 

•'.    best  oKhiaAjojJ'ledirJh.nd  abftitiej,  and  shall  be  deemed  to 

1    continue  infofF.o^.'itil  another  bVappointl 

"*-      Uth'^XJfr^Cle^k   shall  take  fecial   rare   of  the  books 

■*provnleaVoT.  the  ite  of  tl:c*JIeu|e. 

loth.  Tlie'.!;(iifUX,'omnnth:e  ef  Enrollment  shall  care- 
fully cornea  10.  qnrolrcd  bills  t\n<\  \bo1uVoiw.  and  eorreitinir 
any  e-mrsthnt'  j    ivetedin  the    enrolled  bills,  or 

other  papers,  frake  fWy  re|H)rt  forthwith  to  the  respective 

HoU8€8.  -T-.  '*  \        , 

16th.  Tin  phabetjcal  order, 

,      shall  tak>  ])tict  on  Motid^P^Pkil  and  Friday*  only. 

l?th.  Thr  Jin  es  of  this^House  shall  in   no  ease  be  sus- 
pended, dot  snail  the  order  of  business  be  cbangi  I,  except 
»  by  a  vote  of  three-feart^w  of  the  members  preeent, 

l^th.  Alcrr  the   announcement  of  the  standing  commit-' 
tees,  no  new  members  shall  be  added  thereto  by  the  Hi 
unless  it  ht-  at  the  request  of  a  majority  ot    the  committee 
to  br  added  thereto. 

.  THF,  J>RPf.l-      -  NT*?    SUA  LI     HI'     \S   FOLLOWS  : 

1st.  "TNentnfinishfJfi  bimnefs  in«hich  the  House  was  en- 
gage! at  the  adjournment  of  a  preceding  day,  shall  have 
the  preferemjc  in  the  orders  of  the  day,  after  the  call  of  the 
counties,  unless  otherwise  ordered.        "^ 
SM.  Ordered  the  day.  V^     < 

Bills  for  a  third  Reading.  i^ 

Bills  for  a  second  Reading.       ^ 
5th  wsolutiions.  - 

^h.  Bills  of  the  Senate  for  the  1st;  2<Fand  3d  Readings . 


J 


*ir         < 


. 

■  ■lv  ^cm«08«ji 

aUCuog. 

AQ  Act  I  I 

■- 

-. 

menl. 

■ 

HAUh. 

■ 

jiO.UlluU    •  1 J 

— 

Ullll-  | 

-    .  G 

dial  Uud.hUj  i 


■ 
■ 
oi  (*iiuli  otlit_e:d  auu 
ageula,  dUtl  eu.pjoj  -■ 

. 
UULUt. 

..yreaanJ.  oil   UMf  (■ 
road,  and       I   ateu 
ton.     lie  uuy  direoi 
railiudd,  auU  Uie    \n- 

|    I  ■ 
i  BUClt    fUlfb     &! 

,  uuil    ton    Ul|) 

,  .i.-  ma\  i"1  ueces 
ut  ui  lU^;  oujccts  piupjaeu    I 
u    I 

4  uiov- 

. 

'  ar   ' 

■ 
... 

■        LI 
■ 

bail  ..ppoiuf 

..j..upWyi*>  any 
■  ■ 

other 

.     nw  ppdJtttLn  ol    Cliio  act, 

.  Dm    i  .      «    ....  ^nations 

make; 

.1  i.  j  paid    troffl 

i)    bua- 
lottB  uud 
are  «u   employed  : 
military 

I    Aftm  the  i 

D  i  .!  v.     Ol 

■  I 
Ot    Uj>-        < 

i  (sUCh 

load,  CUIMl  s  nip  .->xl     tul' 

■ 

■  l-  oue 
sb    the . 
War  bo  ai 
Appro .       '  itfUCi. 

- 
2W(V/  in  wan 

bonds. 
-\\  mireou,  Many  execulora,   adruiuistratoru,  j 

.1    the 

■  Pout  per  tent.  I 
bouds,  which  aw  worth  tmly  forty  ' 

in  currency;  and  whereas 
i  luble    injury    and    irreparable 

ii  con- 
.    i 

'is  and 
■ 
me  Ik- j  us  to  av<  uro   them  - 
ihena  lo  exchange 
>tiea,    or    by   eucb 
likely  p'eveut   such  j 
...   too  I 

■••'iZ-jB 
Th 

maud.  < 

I  required 

■ 

■.-    reg  m<  i 


ippii 

low  shipments  of  IdlUn;     ml    ; 
leading  to  tbv  p'inl,  th-       .crai-      I  I 
the  ).ui,ilo  rea-oii  tat*tl  h '■••■ 


er  to    pal 


grant    i 


would    Imui)  a  light  I 
no  latf   Waica  givtb    tad; 
oi  tiuy  ol  bit-  auboi  lii 
control  the  i-ali/oad 

\ul«     h 

loan  a  u  a  |  i 
to  bo  sett  led  with  rai 

private  citizens.  IbuoQiy  n 
couiaiou  iu  every  cjtiz.'n  is  to   iui] 
cauno;     purchase  at  m.uk.-     I 

iry   for  toe  army,  and    I  com  UiU 

"iituiiiy  buppliw"'  are  expt^galy  t*cei 

U  ii>  .1    officers  on  I 

ezerciee  ihepow.rs   granted  by 
them    leed  Ittf  army,    ami  i 
careiulty    to  a.void  any    inti  i 
rights  o 

to  the  discharge  oi 
dehsgai  -<i    to  ibeiD  bj 

■  i     ■ 
whevevei  it  can  i 

stotild  l*«jL 

there  is   ii  liil^BlfleaHiiSi:  . 
our  arums    for  the  toon 
lite,  and  1  aariwdtly  anp<  al  to  ali 
to  bring    fuiW4td  tlWU'    ^uiptuaauu    ;-tli  it  lo 
the    Uoujiui;-. 

These    supplies  will  bo  p     m      iu   certi 
ol    iiidcbmdL 
all  that    we  have  to  p.v, 
an  orgiui^eu  army  cuuaoi  oc    kepi 
without  an  oig*u.iit-d  iuuuy  ui 

be  oven  mi  by    toe  eiKo^y  uud    pJi 

!  guerillas.     To  ;;v....i  this,    belt  mtyi 
iug  pat^ioit&Wi  oou-o  to  "  lui.ut*.!  • 

people  to 
the  ojaioUnanci 
ad  rapidi> 
Ui*t  I  in:iy    have  Uie  in    lorw.ui.    ; 
the  atuiieH  of  Tenueeuet)  autl 
1  Should  auy  pai'I.ot  Lti«  peoph 
Burplue  voiuLt. 
be  made.     Iinal 
.  statement  oi  tfa 
■ 
were  Itori  ho 

Chiel   Ootni      ■ 


Coiu- 


ie.#iay  iu  the 
ed    to    (hi'il  1'tt'tn    tiie 

without  AiMhui 
Irly  datri.    f 


In  the 


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PH8.5 


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